99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3829

 

Introduced , by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/7-5  from Ch. 38, par. 7-5

    Amends the Criminal Code of 2012. Provides that a peace officer may reasonably believe deadly force is necessary to prevent death or great bodily harm when a deadly weapon is being directed towards himself or herself or another person. Deletes provision from the peace officer's justified use of deadly force that the force is necessary to prevent the arrest from being defeated by resistance or escape.


LRB099 08922 RLC 29095 b

 

 

A BILL FOR

 

HB3829LRB099 08922 RLC 29095 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 7-5 as follows:
 
6    (720 ILCS 5/7-5)  (from Ch. 38, par. 7-5)
7    Sec. 7-5. Peace officer's use of force in making arrest.
8(a) A peace officer, or any person whom he has summoned or
9directed to assist him, need not retreat or desist from efforts
10to make a lawful arrest because of resistance or threatened
11resistance to the arrest. He is justified in the use of any
12force which he reasonably believes to be necessary to effect
13the arrest and of any force which he reasonably believes to be
14necessary to defend himself or another from bodily harm while
15making the arrest. However, he is justified in using force
16likely to cause death or great bodily harm only when he
17reasonably believes that such force is necessary to prevent
18death or great bodily harm to himself or such other person, or
19when he reasonably believes both that:
20    (1) (Blank); Such force is necessary to prevent the arrest
21from being defeated by resistance or escape; and
22    (2) the The person to be arrested has committed or
23attempted a forcible felony which involves the infliction or

 

 

HB3829- 2 -LRB099 08922 RLC 29095 b

1threatened infliction of great bodily harm; or
2    (3) the person is attempting to escape by use of a deadly
3weapon; , or
4    (4) the person otherwise indicates that he will endanger
5human life or inflict great bodily harm unless arrested without
6delay.
7    (b) A peace officer making an arrest pursuant to an invalid
8warrant is justified in the use of any force which he would be
9justified in using if the warrant were valid, unless he knows
10that the warrant is invalid.
11    (c) For the purposes of this Section, a peace officer may
12reasonably believe deadly force is necessary to prevent death
13or great bodily harm when a deadly weapon is being directed
14towards himself or herself or another person.
15(Source: P.A. 84-1426.)